4501-7-21 The director may take action against a license of a class "D" or online school, training manager, online instructor or instructor.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Public Safety

Agency Name

 

Krista Weida

Division                                                                  Contact

 

1970 West Broad St., Suite 531 P.O. Box 182081 Columbus OH 43218-2081

614-466-7014        614-752-6063

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4501-7-21

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              The director may take action against a license.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: R.C. 4508.02

5.  Statute(s) the rule, as filed, amplifies or implements: R.C. 4508.02, R.C. 4508.06

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This filing is based on a R.C.119.032 rule review of Ohio Administrative Code Chapter 4501-7. For purposes of clarification and ease of use, this rule is proposed as an amended rule applicable to class "D" license schools. This filing is to reflect a rule reorganization that separates provisions applicable to class "D" license schools (in this instance rule 4501-7-21) from provisions applicable to commercial driver license schools (as set forth in proposed new rule 4501-7-37). Proposed expansion of the rule title is to enhance description of the rule content and proposed change is to include a missing reference.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule provides the actions the Director of Public Safety may take against a license of a class "D" license school, training manager, or instructor. Proposed changes expand the rule title and in paragraph (B) provide a missing reference (Chapter 4508. of the Revised Code.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

Ohio Revised Code section 121.76 provides that the provisions of R.C. 121.71 to

121.75 do not apply to the incorporation by reference of a section of the Ohio Revised Code or of a rule in the Ohio Administrative Code.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Ohio Revised Code section 121.76 provides that the provisions of R.C. 121.71 to

121.75 do not apply to the incorporation by reference of a section of the Ohio Revised Code or of a rule in the Ohio Administrative Code.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12. 119.032 Rule Review Date: 4/3/2009

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

We do not anticipate that this rule filing will affect the agency budget.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

This rule filing is not expected to create additional costs.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No